This Law establishes the legal framework for public-private partnership (PPP). It defines PPP as a form of cooperation between a public partner and a private partner, sets out its objectives—such as sustainable socio-economic development, attracting investment into infrastructure and life-support systems, improving accessibility and quality of goods, works and services, and fostering innovation—and specifies the principles of PPP, including sequencing, competition, balanced allocation of risks and benefits, result orientation, value for the population, and transparency and access to information. The Law applies across all sectors of the economy, subject to exclusions determined by the Government, and clarifies that PPP legislation is based on the Constitution, the Civil Code, this Law and other normative acts, with precedence given to ratified international treaties in case of conflict. The Law provides detailed definitions of key PPP concepts (public and private partners, PPP project, PPP company, concession agreement, service contract, availability payment, compensation of investment and operating costs, PPP web portal, operators, etc.) and distinguishes between institutional and contractual PPP. It regulates planning and implementation stages of PPP projects, including initiation by the state or private sector, preparation of investment proposals or information sheets, development of tender documentation or business plans, selection of the private partner (through open or closed competition, auction, or in limited cases direct negotiations), and conclusion and execution of PPP contracts. It sets criteria for classifying projects as national or local, and identifies financing sources (private funds, borrowings, budget funds, quasi-public sector funds and other lawful sources) and mechanisms for cost recovery and revenue generation (user payments, subsidies, compensation of investment and operating costs, management fees, rent, availability payments). Special provisions govern full cost recovery for social infrastructure and life-support projects, project finance, and the mandatory schedule and conditions for paying investment cost compensation. The Law allocates powers among state bodies: the Government (overall policy and lists of special-significance projects), the central budget policy and budget execution authorities, the state property management authority, line ministries, local executive bodies, and the PPP Development Center. It regulates information support and use of the PPP web portal, accreditation of consulting entities, and the role of the National Chamber of Entrepreneurs. It details rights and obligations of public and private partners and other participants, rules on risk identification and allocation, forms of state participation and support (including guarantees, co-financing, consumption guarantees, transfer of rights and assets), and procedures for monitoring, evaluation and reporting on PPP projects. The Law also governs the legal regime of PPP assets, accounting, use of special accounts for investment compensation, exploitation requirements, operator involvement, security interests over PPP rights, replacement of the private partner, and the content, essential and mandatory terms, duration, amendment, termination and dispute resolution mechanisms of PPP contracts, including recourse to courts and, in certain high-value cases with foreign participation, to international arbitration. It concludes with general provisions on liability for violations of PPP legislation and entry into force.
Title:
Law No. 379-V “On Public-Private Partnership”.
Country:
Kazakhstan
Type of document:
Legislation
Date of original text:
Date of latest amendment:
Files:
Repealed:
No